Thank you, Mr. Speaker. Reports of committees on the review of bills. Mr. Speaker, your committee would like to report on its consideration of Bill 2, Missing Persons Act.
Bill 2 received second reading in the Legislative Assembly on February 26, 2024, and was referred to the Standing Committee on Social Development for review. Throughout the committee's review, the committee received five written submissions and held three public hearings in the communities of Yellowknife, Aklavik, and Inuvik where over 55 people attended overall. The committee also heard from the Minister of Justice and the Royal Canadian Mounted Police during its review. The committee heard evidence to support the amendment of three clauses to balance the expediency required by the police and the privacy of those who may be fleeing an abusive situation. The committee brought forward these amendments in its clausebyclause review on May 28, 2024, and the Minister of Justice concurred with all three motions.
Mr. Speaker, the committee reports that Bill 2, Missing Persons Act, is ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.
Mr. Speaker, your Standing Committee on Social Development is pleased to provide its Report on Bill 2, Missing Persons Act and commends it to the House.
Mr. Speaker, report on Bill 2, Missing Persons Act.
Thank you to the families of missing people that spoke courageously on their thoughts and experiences with the Standing Committee on Social Development. Committee's thoughts are with the family and friends who have experienced the disappearance of a loved one.
Committee acknowledges that subject material related to Bill 2 is very challenging for many families across the Northwest Territories. Committee has included resources available for those experiencing the disappearance of a loved one and/or domestic violence, which can be found in Appendix A.
Bill 2, Missing Persons Act, is intended to assist the Royal Canadian Mounted Police in locating a missing person in the absence of a criminal investigation. The intent of the Missing Persons legislation will provide the RCMP with additional mechanisms to investigate Missing Persons cases in the Northwest Territories. These additional mechanisms will allow RCMP to move more quickly in investigations to locate missing persons when there is no evidence of criminal activity.
In May 2021, the Executive Council directed the Department of Justice to develop Missing Persons legislation in response to Missing and Murdered Indigenous Women and Girls Call for Justice 5.8. MMIWG Call for Justice 5.8 calls for all provinces and territories to enact Missing Persons legislation. The Government of the Northwest Territories made a commitment in "Changing Relationship: Draft Action Plan in Response to the Calls for Justice on Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People" to develop this legislation in response to MMIWG Call for Justice 5.8.
A What We Heard report on the drafting of Missing Persons legislation was tabled by the Minister of Justice in July 2023. The Minister of Justice brought Bill 2 forward to the House in the February 2024 Sitting of the 20th Legislative Assembly.
Bill 2, Missing Persons Act received second reading on February 26, 2024, and was referred to the Standing Committee on Social Development for review.
This report summarizes committee's review of Bill 2, starting with our engagement with the GNWT, the RCMP, and the public. This report also describes committee's efforts to review and strengthen Bill 2, including three motions to amend the bill all of which were adopted at the clausebyclause review – and nine recommendations.
Mr. Speaker, I would like to pass it off to the Member for Mackenzie Delta. Thank you.
Thank you, Member from Monfwi. Member from Mackenzie Delta.
Thank you, Mr. Speaker.
On March 25, 2024, committee received a public briefing from the Minister and his staff on Bill 2. The Minister's presentation is included in Appendix B.
Between March 2024 to April 2024, committee engaged the public. Committee hosted four public meetings in Inuuvik, Aklavik, and YellowknifeSombak'e. There were two public meetings held in YellowknifeSombak'e one of which was with the RCMP and the other was with the public. A total of 55 people attended committee's public meetings.
Committee also sought written submissions on Bill 2. We sent nine targeted engagement letters to nonprofit organizations. Committee received written submissions and presentations from:
Salvation Army – Yellowknife
Northwest Territories Disabilities Council
YWCA Northwest Territories
Northwest Territories Status of Women Council
Royal Canadian Mounted Police – G Division.
These submissions and presentations are also included in Appendix B.
Committee appreciates everyone who offered their feedback at public meetings and in written submissions. Committee is especially appreciative for the family and friends of missing persons who provided their thoughts and feedback on Bill 2 and missing persons cases in the NWT. All participants welcomed Bill 2 as a positive and needed step in helping to solve missing persons cases in the NWT. Participants offered thoughtful ideas to improve the bill and feedback on key areas that relate to missing persons.
Committee categorized public comments received into ten themes.
Community feedback brought up the need for Indigenous leadership to be consulted and involved when dealing with missing persons cases, specifically the inclusion of traditional knowledge during search and rescue operations. There was public feedback on the inclusion of Indigenous leadership when the families of missing persons are communicating with the authorities. It was noted that families would be more comfortable talking to their own people as they may feel intimidated by the RCMP and local authority. Public comments stated that the involvement of Indigenous leadership could be on a casebycase basis.
There were public concerns on the deflection of responsibility or unknown responsibility for search and rescue operations in communities. A question arose regarding how we can better act when a person goes missing and how we can learn to operationalize search and rescue in smaller communities.
Committee noted these concerns which highlighted the necessity for policy work to include Indigenous people in missing persons cases and search and rescue, especially due to high rates of missing persons cases in the NWT being Indigenous peoples. Committee therefore recommends:
The Standing Committee on Social Development recommends the Government of the Northwest Territories work with Indigenous governments and the Royal Canadian Mounted Police to establish a committee of local and community Indigenous leaders when a missing persons investigation is underway to aid with search and rescue operations, include the involvement of traditional knowledge and facilitate communication with the affected family and loved ones.
There were concerns raised by community members on the RCMP remaining culturally responsible when dealing with missing persons cases, especially in the case of individuals fleeing domestic violence and who may not want to be found.
There were also concerns regarding the impact of RCMP attempting to enter a family violence or support shelter without permission or reasonable explanation. For the YWCANWT, it is currently policy to deny RCMP access to their family violence shelter unless there are exceptional circumstances warranting their entry such as threats to the health and safety of clients or staff. The YWCANWT encourages meaningful engagement and communication from the RCMP with their shelter and frontline workers – as the shelter’s primary concern is to advocate for their clients and their safety.
Committee sought clarity on cultural and traumainformed training for the RCMP, and it was confirmed that they do have specific training to conduct missing persons investigations that is mandatory for all RCMP members of the G Division to participate. There is other training as well for RCMP to ensure there is a trauma-informed and culturally sensitive approach to their work.
Committee hears these concerns and presents the following recommendation to ensure that traumainformed approaches are of the utmost importance to and practiced by the RCMP and justices when investigating missing persons cases and issuing search orders and record orders:
The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the Royal Canadian Mounted Police and justices to evaluate any cultural safety programming/training being offered to Royal Canadian Mounted Police members and justices to ensure it is traumainformed and otherwise responsibly addresses those working with missing person cases in the Northwest Territories.
Mr. Speaker, I would like to pass it off to the Member for Range Lake.
Member from Range Lake.
Thank you, Mr. Speaker.
It was stated by members of the public at a public meeting that the urgency of finding missing people is more important to their community than the protection of someone’s privacy. There was no concerns on the privacy of missing persons, as long as common sense was considered when taking into account the protection of someone’s privacy.
Committee received a recommendation to add third party consent clauses to the legislation, similar to British Columbia’s Missing Persons Act. This clause requires the police to gain third party consent first before proceeding with a record access. Committee notes this suggestion but felt that the legislation covers most common scenarios that are seen in the NWT and does not require the addition of third-party consent clauses.
As described in a written submission by the Salvation Army–Yellowknife division, it was recommended that care must be taken when the RCMP is requesting information that could be helpful in a missing persons investigation. It was also recommended that the information requested be pertinent to the case of the missing person. There were concerns on the potential of accidentally providing information to somebody’s abuser – which highlighted the importance of protecting a person that may be fleeing domestic violence. When ascertaining a missing person’s wellbeing, the RCMP stressed that they do not provide information that is not agreed upon by consent of the missing person for release.
During a presentation by the YWCANWT, it was recommended there be training for justices handling missing persons cases to ensure their approach is traumainformed when granting access to records or search warrants. They highlighted the importance of being sensitive to the issue of domestic violence and the various dynamics that exist with missing persons cases.
It was also recommended there be training on the Missing Persons Act and its usage for RCMP, nonprofit organizational staff, and shelter workers.
Committee takes note of this feedback and presents the following recommendation:
The Standing Committee on Social Development recommends the Government of the Northwest Territories establish training specific to the Missing Persons Act and its responsible, culturallyappropriate usage for justices, Royal Canadian Mounted Police, nonprofit staff, and shelter workers.
There were public concerns on the difficulty for families and friends of missing persons to contact the RCMP to receive information and updates on ongoing missing persons investigations. It was highlighted that it is critical for the family affected by a missing persons investigation to be updated often so that family members do not have to consistently approach the RCMP for updates. There was a suggestion to create a liaison position to support the families of missing persons, especially with relaying information to and from the RCMP and communication regarding the investigation. Committee appreciated this suggestion, and also heard a large emphasis on ensuring local, trusted people on the ground in communities were being utilized rather than officials from elsewhere, where possible.
As such, this theme of communication with the family of a missing person has been factored in with Recommendation 1 of this report, where a committee is established on the ground in the community of the missing person to aid with communication between the family and the authorities.
Mr. Speaker, I now call on the honourable Member for Yellowknife North to continue this report. Thank you.
Thank you, Member from Range Lake. Member from Yellowknife North.
Thank you, Mr. Speaker.
Clause 14 of Bill 2 requires the RCMP to prepare an annual report to be provided to the Minister of Justice on the total number of emergency demands, a description of the types of records specified, and any other prescribed information. In public meetings, there were questions about where unsolved cold and historical statistics on missing persons cases in the NWT are to be recorded and published, and whether and where that information is currently located or published. Participants requested that the year and reason for why people are missing in the NWT also be published. Further, committee heard feedback questioning the procedures involved with identifying human remains.
One recurring theme committee heard from members of the public was concern about how longstanding missing persons cases will be prioritized and solved.
Committee therefore recommends:
The Standing Committee on Social Development recommends that in the formulation of regulations for the Missing Persons Act, the Government of the Northwest Territories require the Royal Canadian Mounted Police to include a schedule in the annual report referenced in the Missing Persons Act that outlines statistical missing persons information in the Northwest Territories, and that the regulations state where the annual report will be published.
There were public requests to change the name of Bill 2 to recognize an individual from a highprofile missing person’s case in the NWT, Frank Gruben Jr., since the media coverage of his case resulted in the expedition of missing persons legislation in the NWT. The request was to change the bill’s name to "Frank’s Act".
Committee notes that in the Rules of the Northwest Territories Legislative Assembly, Rule 8.4(1) states "... the preamble and title are considered last and cannot be amended." In addition to this rule and by convention, the Legislative Assembly follows the House of Commons procedure and practice where the title of a bill must accurately reflect the content within the bill.
Therefore, committee makes the following recommendation:
The Standing Committee on Social Development recommends the House refers the matter of titling bills to the Standing Committee on Procedures and Privileges to review and consider the current conventions in the titling of bills and if those conventions should be expanded.
There were comments made by the public on better coordinating missing persons searches and investigations between bordering jurisdictions, especially for missing persons in communities that border Alberta, the Yukon, British Columbia, and Nunavut. There was emphasis on ensuring that the bill is consistent with legislation in bordering jurisdictions.
Committee notes these concerns and sought clarity on what jurisdictional review was completed when developing this legislation. The GNWT confirmed that the legislation allows for interprovincial cooperation in missing persons cases and that the department conducted a jurisdictional review of Missing Persons legislation across Canada when drafting the legislation.
The Government of the Northwest Territories drafted the legislation informed by their public engagement, aspects of legislation in other jurisdictions, and how they might best align, as well as northern contexts.
Mr. Speaker, I would like to pass it off to the Member for Dehcho.
Thank you, Member from Yellowknife North. Member from the Dehcho.
Thank you, Mr. Speaker.
Community members raised questions about retrieving records from social media companies throughout a missing persons investigation. Concerns were voiced on accessing records through social media companies that are based in different countries such as in the U.S., and whether that would pose difficulties or if there are policies against accessing accounts or records.
Committee sought information on accessing records through social media, and it was confirmed that information being requested would depend on the social media company, their location, and the extent to which they wish to cooperate with law enforcement. There may be difficulty in accessing data held by Americanbased social media companies, which usually requires working with law enforcement in the United States to get a search warrant and can be a lengthy process.
Information could be provided to RCMP through a "humanitarian request", and typically this information is limited to date, time, and location.
Community members raised thoughts and concerns on how survivors of the Sixties Scoop are technically missing because their parents or family members may not know where they are or how to find them. It was suggested there be a program established to help reunify families of the Sixties Scoop.
Committee hears and believes in the importance of these concerns. Committee sought clarity on current tools and supports in place to aid survivors of the Sixties Scoop and their families.
Committee presents the following recommendation:
The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the federal government in establishing legislation specific to the Sixties Scoop and creating programming to assist those impacted by the Sixties Scoop in the Northwest Territories.
There were concerns presented by the YWCANWT about how the legislation outlines when and how records obtained during the course of a missing person investigation should be destroyed. YWCANWT suggests there needs to be a timeline for the destruction of records once the person is found and the case is closed. It was suggested that there be a timeline for the destruction of records once the person is found and the case is closed.
The committee hears these concerns and presents the following recommendation:
The Standing Committee on Social Development recommends the Government of the Northwest Territories include specifics on record retention and destruction in the development of the regulations for the Missing Persons Act.
Mr. Speaker, I'd like to pass it off to the Member for Monfwi.
Thank you, Member for Dehcho. Member for Monfwi.
Committee put forward three motions to amend Bill 2. These are included in Appendix C of this report.
Clauses 7(4) and (5), and 8(3) and (4) of Bill 2 as proposed required a justice to consider any information that suggests a person may not want to be found in determining whether to issue a record access order and search order. As mentioned earlier in this report, RCMP have noted to committee that regardless of the circumstance of somebody’s disappearance, RCMP are required to ascertain a missing person’s wellbeing. There was concern that including these clauses may cause disruption or confusion for RCMP when they are required to search and ascertain a missing person. Committee also heard feedback from nonprofit organizations in ensuring that RCMP and justice’s approach to missing persons cases are traumainformed when considering the dynamics and circumstances of a person’s disappearance.
Committee therefore moved to amend Clauses 7(4) and (5), and 8(3) and (4) and replace them with clauses that allow for these considerations to take place within the terms of the orders. Both motions were carried during the clausebyclause review with the Minister's concurrence.
Clause 9(4) as proposed required the RCMP to consider any information that suggests that a missing person may not want to be located when determining whether to make an emergency demand. Committee recognizes the requirements of the RCMP as well as the importance of ensuring that processes related to missing person investigations are traumainformed and consider whether a person has left or is attempting to leave a violent or abusive situation, for example.
As such, committee therefore moved to delete Clause 9(4) and made the following recommendation (Recommendation 8), and emphasized that traumainformed training is factored in with Recommendation 2 of this report. The motion was carried during the clausebyclause review with the Minister's concurrence.
The Standing Committee on Social Development recommends the Government of the Northwest Territories incorporate the consideration of information that suggests that a missing person may not want to be located in the development of the regulations for the Missing Persons Act.
On May 28th , 2024, committee held a clausebyclause review. Committee passed a motion to report Bill 2, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole.
This concludes the Standing Committee on Social Development’s review of Bill 2.
The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a response to this report within 120 days.
Thank you, Mr. Speaker.
Thank you, Member from Monfwi. Reports of standing and special committees. Member from Monfwi.
Mr. Speaker, I move, seconded by the Member for Mackenzie Delta, that Committee Report 220(1), Standing Committee on Social Development Report on Bill 2: Missing Persons Act, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.
